President Trump named Brett Kavanaugh as his nominee for the United States Supreme Court.  In a prime-time announcement delivered as only our former reality T.V. host in chief can, President Trump nominated Kavanaugh to replace Justice Kennedy, who will resign at the end of July.  Trump said no one was more qualified for the position.

Legal Background

Kavanaugh is Judge of the United States Court of Appeals for the District of Columbia Circuit, where he has sat since his appointment in 2006 after nomination by President George W. Bush.  The New York Times called his confirmation hearing for that court “contentious” and states that Democrats complained he was too partisan.  Kavanaugh worked for Bush in the 2000 presidential vote recount in Florida, as well as on former Special Prosecutor Kenneth Starr’s legal team. The nominee, like Justice Gorsuch, is a former law clerk of Justice Kennedy’s.

Brett Kavanaugh

Days ago The Hill ran a story announcing “Supreme Court contender Kavanaugh faces pushback from social conservatives” claiming:

More recently, conservatives argue that he didn’t go far enough in his dissent in a 2017 case involving a pregnant immigrant teenager who was taken into federal custody. Kavanaugh wrote that the majority, which ruled to allow the teenager to get an abortion, had “badly erred” and opened the door to “abortion on demand” for unaccompanied immigrant minors.

Judge Kavanaugh, said that “no president ever had consulted more widely, or talked with more people from more backgrounds to seek input about a Supreme Court Nomination.”

Thanks, Harry Reid!

The Senate will take up the nomination presently, with referral to its Judiciary Committee chaired by Chuck Grassley (R-IA).  After hearings are held, they will, unforeseen events aside, send the nomination with a favorable recommendation to the full Senate for a final vote.  Then, for the first time since 1917, the United States Senate will vote on a Supreme Court nominee allowing a bare majority to carry the nomination.  Previously, Senate rules required a 60-vote majority to approve nominations.

In 2013 Senate Democrats, led by then-Majority Leader Harry Reid (D, NV), eliminated that rule, called the “nuclear option,” so they could appoint nominees with a bare majority and not compromise with Republicans.  At the time, then-Minority Leader Mitch McConnel (R, KY) said, and presciently so:

“I say to my friends on the other side of the aisle, you’ll regret this, and you may regret it a lot sooner than you think.”

After Trump’s announcement, Senate Minority Leader Chuck Schumer tweeted:

“I will oppose Judge Kavanaugh’s nomination with everything I have, and I hope a bipartisan majority will do the same. The stakes are simply too high for anything less.”

There have been many predictions about the nominee and process.  Most have or will be proven wrong, but I have a sure bet for you.  Justice Kennedy was confirmed by a unanimous vote.  Judge Kavanaugh will not be.  We will have a full analysis of this nomination and its potential impact on our republic tomorrow, and throughout the process, right here on LibertyNation.


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Scott D. Cosenza, Esq.

Scott D. Cosenza, Esq. is Legal Affairs Editor of Liberty Nation. Scott writes extensively on legal issues and is the Policy Director for One Generation Away.



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Legal Affairs Editor